CHAPTER 153: FLOOD HAZARD AREAS
Section
General Provisions
   153.01   Statutory authorization
   153.02   Findings of fact
   153.03   Statement of purpose
   153.04   Objectives
   153.05   Definitions
   153.06   Lands to which this chapter applies
   153.07   Basis for establishing regulatory flood data
   153.08   Establishment of floodplain development permit
   153.09   Compliance
   153.10   Abrogation and greater restrictions
   153.11   Discrepancy between mapped floodplain and actual ground elevations
   153.12   Interpretation
   153.13   Warning and disclaimer of liability
Administration
   153.20   Designation of Administrator
   153.21   Permit procedures
   153.22   Duties and responsibilities of the Floodplain Administrator
Provisions for Flood Hazard Reduction
   153.30   General standards
   153.31   Specific standards
   153.32   Standards for subdivision proposals
   153.33   Critical facility
   153.34   Standards for identified floodways
   153.35   Standards for identified fringe
   153.36   Standards for SFHA’s without established base flood elevation and/or floodways/fringes
   153.37   Standards for flood prone areas
Variance Procedures
   153.45   Designation of Variance and Appeals Board
   153.46   Duties of Variance and Appeal Board
   153.47   Variance procedures
   153.48   Conditions for variances
   153.49   Variance notification
   153.50   Historic structure
   153.51   Special conditions
 
   153.99   Penalty
GENERAL PROVISIONS
§ 153.01 STATUTORY AUTHORIZATION.
   The Indiana Legislature has in I.C. 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Common Council of the City of Rochester does hereby adopt the following floodplain management regulations.
(Ord. 04-2008, passed 6-24-08; Am. Ord. 02-2012, passed 4-24-12; Am. Ord. 07-2016, passed 8-23-16)
§ 153.02 FINDINGS OF FACT.
   (A)   The flood hazard areas of city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
   (B)   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately floodproofed, or otherwise unprotected from flood damages.
(Ord. 04-2008, passed 6-24-08; Am. Ord. 02-2012, passed 4-24-12; Am. Ord. 07-2016, passed 8-23-16)
§ 153.03 STATEMENT OF PURPOSE.
   It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
   (A)   Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities.
   (B)    Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
   (C)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.
   (D)   Control filling, grading, dredging, and other development which may increase erosion or flood damage.
   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
   (F)   Make federal flood insurance available for structures and their contents in the county by fulfilling the requirements of the National Flood Insurance Program.
(Ord. 04-2008, passed 6-24-08; Am. Ord. 02-2012, passed 4-24-12; Am. Ord. 07-2016, passed 8-23-16)
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